New Delhi/IBNS: In a big relief to about 17 lakh madrassa students in Uttar Pradesh, the Supreme Court Friday paused an Allahabad High Court order scrapping the UP Board of Madarsa Education Act, 2004.
The order will allow about 16,000 madrassas in the state to continue functioning under the 2004 law.
A bench led by Chief Justice of India DY Chandrachud said that the high court decision was prima facie not correct and issued notices to the UP and central governments, and the Madrassa board.
Last month, the high court declared the 2004 law unconstitutional for violating the principle of secularism.
It had directed the government to accommodate the madrasa students in the formal education system.
Putting the order on hold on Friday, the Supreme Court said the aims and objectives of the Madrassa Board are regulatory in nature and that the establishment of the board itself will not affect secularism.
The high court, in striking down the provisions of the Act, directed the relocation of the students. This would affect the 17 lakh students. We are of the view that the direction of relocation of students to other schools was not warranted, said the Chief Justice.
If the purpose of the PIL is to ensure that madrassas provide secular education in core subjects such as mathematics, science, history, and languages, the solution would not be to repeal the provisions of the Madarsa Act 2004, he added.
The Centre and state governments had supported the high court judgment in the Supreme Court, with the former saying suspected entanglement of religion and other relevant issues must be debated.
